Legal Protection for the Notarial Office when Designated as a Suspect In a Criminal Case

Abstract

Legal protection for notaries constitutes a fundamental element in maintaining the independence, professionalism, and public trust in the notarial office as a public official. The Law on the Office of Notary, particularly Article 4 paragraph (2) and Article 16 paragraph (1) letter f, affirms the obligation of notaries to maintain the confidentiality of the contents of deeds and any information obtained in the course of their duties. However, the phrase “unless otherwise stipulated by law” creates broad room for interpretation and potentially gives rise to legal uncertainty. Therefore, legal protection for notaries must be formulated in two main forms, namely preventive and repressive protection. Preventive protection includes clear regulations and effective oversight to prevent potential misuse or criminalization of the notarial office. Meanwhile, repressive protection is required when a notary is subjected to criminalization or violation of rights, in the form of adequate legal assistance. One essential mechanism in this context is the obligation for law enforcement officers to obtain prior approval from the Notary Honorary Council (Majelis Kehormatan Notaris, MKN) before initiating any investigation against a notary. As custodians of civil secrets, notaries must be optimally protected in order to uphold the dignity of the law and ensure legal certainty for the public.